Goswami, C.J. :- This appeal is against conviction under Section 302, Indian Penal Code and sentence of rigorous imprisonment for life.

2. Prosecution evidence discloses that on the night of 22nd August, 1965 at about 2-3 a.m. hulla was raised by the accused crying 'thief, thief'. Phanidhar (P.W. 1), a neighbour of the accused and relation, went out and met the accused who told him that he had cut a thief. He then along with the accused and another Dimbeswar went to Padmeswar Gaonbura (P.W. 3) aroused him from sleep. The accused told the Geonbura that he had cut a thief with the dao which he was carrying at that time and showed it to the Gaonbura. The gaonbura then, came to the place of occurrence with them and found the dead body of the deceased Tepuram lying near 3/4 nals from the house of the accused. The place where the dead body was found was 20/25 nals from the house of the deceased. Tepuram had bleeding injuries.

3. P.W. 1 lodged the ejahar (Ext. 1) in the thana in the morning and the Sub-Inspector of Police (P.W. 8) came to the place of occurrence, seized the dao produced by the accused's wife and found the dead body of Tepuram lying in a field near the house of th